Asked in Real Estate Law for Hawaii

Q: Can an HOA in Hawaii pass new CCR’s to prevent the subdivision of land that was allowed by the county.

Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.

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T. Augustus Claus
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A: In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by the county may depend on various factors, including the specific language in the existing CCRs, local laws, and the governing documents of the HOA.

If the original CCRs or governing documents did not explicitly allow for future subdivision and the new CCRs were properly adopted according to the HOA's bylaws and state law, the HOA may have the ability to change the rules regarding subdivision. However, if the original CCRs explicitly allowed for subdivision or if there are legal restrictions in place, the situation could be more complex.

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